Supreme Court – Daily Orders
Disha Gupta vs Gaurav Batra on 20 February, 2026
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2026
(ARISING OUT OF SPECIAL LEAVE PETITION (C) NO. 11512 OF 2025)
DISHA GUPTA ...APPELLANT(S)
VERSUS
GAURAV BATRA ….RESPONDENT(S)
ORDER
Leave granted.
2. Briefly stated, the facts of the case are that appellant herein is
the wife of respondent. Marriage between the parties was solemnised
on 13.07.2016 at New Delhi in accordance with Hindu rites and
ceremonies. Out of wedlock, a male child, namely Master Aaryan, was
born on 12.11.2019. Over time, the marriage between the parties
soured and the appellant left her matrimonial home on 28.07.2022.
Thereafter, on the same day, through police intervention, the appellant
got custody of the minor child. Later, the respondent-husband filed a
guardianship petition bearing No. 87/2022 before the Principal Judge,
Family Court, South East District, Saket, New Delhi, (hereinafter
Signature Not Verified
referred to as ‘Family Court’) under Sections 7 and 25 of the
Digitally signed by
NEETU SACHDEVA
Date: 2026.02.24
16:24:01 IST
Reason:
Guardians and Wards Act, 1890, read with Section 6 of the Hindu
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Minority and Guardianship Act, 1956, seeking custody of the minor
child along with an application under Section 12 of the Guardians and
Wards Act, 1890 for interim custody and visitation rights.
3. The Family Court, by order dated 05.08.2024, while rejecting the
relief of interim custody of the minor child to the respondent, provided
the following visitation rights:
“ 21…
(i) Respondent is directed to produce the minor Master
Aaryan in Children Room in the Family Court Complex,
Saket, New Delhi on every first and third Sunday of every
month for interaction with petitioner/father for the
period from 2.30 pm to 5 pm. Respondent or person of
family of respondent escorting minor for visitation shall
wait outside the aforesaid Children Room during
visitation period.
(ii) Respondent is also directed to facilitate the meeting of
the minor Master Aaryan in the period from 3 pm to 6
pm on every Second Saturday of the month at Select City
Mall, Saket, New Delhi. Petitioner shall deliver back the
custody of child to respondent positively by 6 pm that
day at the place the petitioner obtains the; custody of
child at 3 pm that day. Petitioner shall not take away the
minor from said Mall.”
4. Challenging the aforesaid interim order passed by the Family
Court, the respondent-husband preferred an appeal bearing MAT.APP.
(F.C) 313/2024 before the High Court of Delhi at New Delhi.
5. The High Court, by impugned order dated 09.04.2025, allowed
the appeal, set aside the order passed by the Family Court and as an
interim measure, directed the appellant to hand over the custody of
the child on the 1st and 3rd Saturday and Sunday of the month at 10
am to the respondent. The respondent was directed to pick up the
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child from the residence of the appellant at that time and return the
custody of the child to the appellant at her residence by 6 pm on both
days. It was further observed that if the said visitation did not take
place due to any unforeseen event, the same would be substituted by
the ensuing Saturday or Sunday of the month, as the case may be.
6. We have heard learned counsel for the respective parties.
7. The order of the High Court impugned in this appeal is set aside.
Consequently, the order dated 05.08.2024 passed by the learned
Principal Judge, Family Court, South East District, Saket, New Delhi
in guardianship petition No.87/2022 is restored with the following
modification. Para 21(ii) of the order of the Family Court shall now
read as under –
“21 (ii) Respondent is also directed to facilitate the
meeting of the minor Master Aryan during the period
from 1 pm to 6 pm on every second Saturday of the
month at Select City Mall, Saket, New Delhi or any other
venue after prior intimation by the respondent to the
petitioner. Petitioner shall deliver back the custody of
child to respondent positively by 6 pm that day at the
place the petitioner obtained the custody of child at 1
pm that day.”
8. Further, the paternal grandparents of the minor child are also at
liberty to meet the child along with the respondent before this Court.
9. Any observations made by this Court during the pendency of the
appeal before the High Court or this Court shall not have any bearing
on other proceedings that are pending between the parties.
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The appeal is disposed of in the aforesaid terms.
All pending application(s) shall stand disposed of.
……………………………………J.
[B.V. NAGARATHNA]
……………………………………J.
[UJJAL BHUYAN]
NEW DELHI
FEBRUARY 20, 2026
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ITEM NO.61 COURT NO.3 SECTION XIV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 11512/2025
[Arising out of impugned final judgment and order dated 09-04-2025
in MATAPP(FC) No. 313/2024 passed by the High Court of Delhi at New
Delhi]
DISHA GUPTA Petitioner(s)
VERSUS
GAURAV BATRA Respondent(s)
[MEDIATION REPORT RECEIVED]
IA No. 295968/2025 – CLARIFICATION/DIRECTION
IA No. 102353/2025 – EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT
IA No. 187954/2025 – PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
Date : 20-02-2026 This matter was called on for hearing today.
CORAM :
HON’BLE MRS. JUSTICE B.V. NAGARATHNA
HON’BLE MR. JUSTICE UJJAL BHUYANFor Petitioner(s) :Mr. Rajat Aneja, Adv.
Ms. Radhika Gupta, AOR
For Respondent(s) :Ms. Manali Singhal, Adv.
Mr. Santosh Sachin, Adv.
Ms. Shreya Singhal, Adv.
Ms. Nidhi Mohan Parashar, AOR
Ms. Mhasilenuo Keditsu, Adv.
Ms. Kushagra Singla, Adv.
Mr. Vijayrajeshwari Kumari Singh, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
The appeal is disposed of in terms of the signed order.
Pending application(s) shall stand disposed of.
(NEETU SACHDEVA) (MANOJ KUMAR)
ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
(Signed order is placed on the file)
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